The amount of remuneration for the station is determined according to the methodology in force, published in Official Gazette Nr. 470 / 05.07.2011 by Decision ORDA No.216/2011.
The remuneration due to producers of phonograms for the use of commercial phonograms is estableshed by applying a percentage to total monthly gross income, according to the below mentioned thresholds, for each station owned:
a) up to 35% including, the remuneration is 0,9%;
b) over 35%, up to 65%, the remuneration is 1,2%;
c) over 65%, the remuneration is 1,5%.
The remuneration payable to music producers of phonograms is calculated according to art. 4 of the methodology published by Decision ORDA no. 216/2011, for each local/national station owned depending on the share of phonograms used in commerce programs (according to the above percentages), and by applying a rate of 1.5% in case of phonograms used in a share of 100% from the total broadcast time of programs. For a smaller percentage of usage, the 1.5% is reduced proportionally with the average music usage time in relation to the total aired time.
The minimum value of quarterly remuneration is the equivalent in RON of 250 euro/quarter for each local station owend, and 500 euro for each national station owend (1 euro= BNR foreign exchange rate on the due date).
The remuneration shall be paid quarterly, until the 26th of the quarters following month for which is due, based on the invoices issued by UPFR according to the information submitted by you.
For payment delays, a 0.1% penalty per day of delay shall be applied to the unpaid amounts, according to the Methodology.
- The playlist – representing the complete list in an electronic format (excel, table) as it is mentioned at the point 10, lit.a). from the Methodology, of phonograms published for commercial purposes of reproduction or broadcast, including an official address certifying its truth – download the form
- The calculation basis (the total gross monthly income or in their absence, total expences), and the share use of phonograms for the previous month (% phonograms of commerce and % phonograms published for commercial purposes)
Every semester, UPFR will request the Analytical balance and the Accounting balance in order to check the data of the remuneration calculation, according to the law and the methodology.
The total monthly gross income is defined by the methodology as the: „total monthly gross income, except the value added tax, obtained by the users from the radiobroadcast activity, including but without limitation, the income from advertising, barter, subscriptions, announcements and informations, phone calls and SMS surcharges, sponsorships, contests and games broadcast, renting airtime, other financial contributions, custom-made broadcasting revenues, income from joint ventures or other activities related to the broadcasting. Entering into the revenue base is the income belonging third companies especially production companies and acquisition of advertisement wherever are collected for the broadcasting business user and phonogram / phonograms published for commercial purposes, broadcasting / broadcast and to the extent that there is an unfair transfer, contrary to honest usage in commercial relationships, specific in that field. “(Article 5, Decision ORDA No. 216/2011).